KEWENANGAN KEPOLISIAN UNTUK MENGELUARKAN SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM TIDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT)

Nainggolan, Ucok (2015) KEWENANGAN KEPOLISIAN UNTUK MENGELUARKAN SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) DALAM TIDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (KDRT). Jurnal Ilmu Hukum. p1-18.

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Abstract

In the crime of marital violence often we encounter while handling a halt halfway police conducted an investigation so that the case is not up to court. Though the crime of marital violence is very take the general public’s attention because of violence that occurred in the domestic sphere has many victims both victims of physical, psychological, or neglect of household because of this the authors are interested in discussing the authority of the police issued a warrant for termination investigation to determine the conditions necessary to issue an order to stop the investigation. Types of research by the author is the kind of normative legal research focused on regulatory an legal material as the main ingredient, the ingredient source is taken writer secondary ingredient sources consisting of primary legal materials are of the legislation in force, among others, the book of law penal code, code of criminal procedure law, law of the Indonesian national police, the law on the elimination of marital violence and regulation of the Indonesian national police issue warrant for termination of investigation is aimed to achieve the purpose of the law is justice to perform other actions based on the laws that hold without damage to a household as a state-based organizations starting with the smallest of the family and this is done by the police because the police are equipped with the authority of legislations that can perform other actions based on rules that are responsible and also the resolution of legal cases with the goal of achieving justice as a certainty but with no claim in the court, while the conditions required in order to the issuance of a warrant termination of investigation of a criminal offence of marital violence is not enough evidence, the event is not a crime and the investigation is terminated by operation of law nebis in idem, the suspect died, or expiry time has past and complaints specifically revoked offense complaint

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